Nasir Miyan @ Md. Nasir @ Md. Nasruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13780 of 2021 Arising Out of PS. Case No.-41 Year-2010 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Nasir Miyan @ Md. Nasir @ Md. Nasruddin (Male) aged about 35 years, S/o Hamid Miyan @ Md. Abdul Hamid R/O village Vishunpur Mahanand, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Kanti P.S. Case No. 41 of 2010, registered for the offence under Section 304(B)/34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married with petitioner on 16.05.2009 and it is alleged that she was subjected to torture and cruelty by her husband (petitioner) and other accused persons for dowry and on 28.09.2010 at about 10 O'clock, the petitioner and other FIR named accused persons set her ablaze. On getting this information, the informant went to the matrimonial home of his daughter, where he saw his daughter moaning and her body was badly burnt and on way to hospital, she died.

Patna High Court CR. MISC. No.13780 of 2021(2) dt.29-06-2021 2/2 It is submitted on behalf of petitioner that petitioner has committed no offence. In fact, the deceased herself committed suicide due to petty family dispute. It is further submitted that the informant has filed a petition before the court below stating therein that he filed the present case due to mistake of facts. Petitioner is in custody since 15.09.2020. However, learned A.P.P. for the State vehemently opposed the bail petition and submitted that petitioner is husband of the deceased and deceased died within seven years of marriage in her matrimonial home in an unnatural circumstances and name of the petitioner & others has been disclosed by none else but the deceased herself.

The postmortem report also suggests that the deceased died due to antemortem injuries caused by flame of fire. Considering the aforesaid facts and circumstances and the fact that petitioner is husband of the deceased and deceased died in an unnatural circumstances in her matrimonial home within seven years of marriage, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.)